January 6, 2009








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Frequently Asked Questions

If you don’t see your question here, contact us.

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Why should I choose North American Land Transfer?

Title Insurance rates are filed with the state insurance commission – everyone should offer you the same rate; therefore we compete on service, knowledge and expertise.

Expertise - Our closers all have significant industry experience in both PA and NJ settlements.

Independence - We are independently owned and operated. We are not affiliated with any real estate company or mortgage lender. Our independence keeps us focused on you and your needs.

Personal Service - We are not a “title factory”. We pay attention to you and your transaction. Real estate professionals time and time again refer their clients to us because they know that customer service is our number one priority.

But, don’t take our word for it – read actual reviews from our clients.

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Why title insurance?

Protecting your Home Investment

A home is usually the largest single investment any of us will ever make. When you purchase a home, you will purchase several types of insurance coverage to protect your home and personal property. Homeowner's insurance protects against loss from fire, theft, or wind damage. Flood insurance protects against rising water. And a unique coverage known as title insurance protects against hidden title hazards that may threaten your financial investment in your home.

Protecting Your Largest Single Investment

Title insurance is not as well understood as other types of home insurance, but it is just as important. You see, when purchasing a home, instead of purchasing the actual building or land, you are really purchasing the title to the property - the right to occupy and use the space. That title may be limited by rights and claims asserted by others, which may limit your use and enjoyment of the property and even bring financial loss. Title insurance protects against these types of title hazards.

Other types of insurance that protect your home focus on possible future events and charge an annual premium. On the other hand, title insurance protects against loss from hazards and defects that already exist in the title and is purchased with a one-time premium.

Two Kinds of Title Insurance benefit You in Two Ways

There are two basic kinds of title insurance:

  • Lender or mortgagee protection,
  • Owner's coverage.

Most lenders require mortgagee title insurance as security for their investment in real estate, just as they may call for fire insurance and other types of coverage as investor protection. When title insurance is provided, lenders are willing to make mortgage money available in distant locales where they know little about the market.

Owner's title insurance lasts as long as you, the policyholder - or your heirs - has an interest in the insured property. This may even be after you have sold the property.

Depending on local practices and state law where the property is located, you may pay an additional premium for an owner's policy or you may pay a simultaneous issue charge - usually a smaller amount - for the separate lender coverage. You may even split settlement costs with the seller for the lender or owner's policy.

What does Your Premium Really Pay For?

An important part of title insurance is its emphasis on risk elimination before insuring. This gives you, as the policyholder, the best possible chance for avoiding title claim and loss.

Title insuring begins with a search of public land records affecting the real estate concerned. An examination is conducted by the title agent or attorney on behalf of its underwriter to determine whether the property is insurable. The examination of evidence from a search is intended to fully report all "material objections" to the title. Frequently, documents that don't clearly transfer title are found in the "chain," or history that is assembled from the records in a search. Here are some examples of documents that can present concerns:

  • Deeds, wills and trusts that contain improper wording or incorrect names;
  • Outstanding mortgages and judgments, or a lien against the property because the seller has not paid his taxes;
  • Easements that allow construction of a road or utility line;
  • Pending legal action against the property that could affect a purchaser; or
  • Incorrect notary acknowledgements.

Through the search and the examination, title problems are disclosed so they can be corrected whenever possible. However, even the most careful preventative work cannot locate all hidden title hazards.

Hidden Title Hazards - Your Last Defense

In spite of all the expertise and dedication that go into a title search and examination, hidden hazards can emerge after closing, resulting in unpleasant and costly surprises. Some examples of hazards include:

  • A forged signature on the deed, which would mean no transfer of ownership to you;
  • An unknown heir of a previous owner who is claiming ownership of the property;
  • Instruments executed under an expired or a fabricated power of attorney; or
  • Mistakes in the public records.

Title insurance offers financial protection against these and other covered title hazards. The title insurer will pay for defending against an attack on title as insured, and will either perfect the title or pay valid claims. All for a one-time charge at closing.

Your home is your most important investment. Before you go to closing, ask about your title insurance protection, and be sure to protect your home with an owner's title insurance policy.

Above information provided compliments of Stewart Title.

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Do I need title insurance?

Title Insurance is sort of like homeowners insurance right?

Wrong.

Most people are familiar with one kind of insurance - casualty insurance - and assume that all insurance works the same way. It doesn't, and this misunderstanding causes confusion. We hope these questions will help clarify the difference between title insurance and casualty insurance.

Isn't all insurance basically the same?

To the extent that buying insurance protects you from the costs of unforeseen events and losses, yes, insurance is insurance. You buy homeowner's insurance in case a burglar breaks into your house, auto insurance to cover repairs after an accident, and life insurance to pay for your child's education if you are not there. These are all varieties of casualty insurance.

Land title insurance protects you, too, but it covers a different kind of loss, and its one- time premium pays for much more than simple risk protection. In short, not all insurance is the same.

What does title insurance cover?

Land title insurance protects you from events which may have happened in the past, not events that are likely to occur in the future, as does casualty coverage like automobile, fire, and flood insurance. Title insurance charges are based on a cost - per - $1000 of the property to protect the homeowner from claims which could jeopardize all or part of his property.

Some common losses? Records misplaced in courthouses, boundary disputes, unpaid taxes, and hidden defects in the title like missing heirs, forgery, fraud and other items which do not show up in the most exhaustive title search.

What about the premium?

One of the most common ways to arrive at insurance premiums is to forecast likely losses and add administrative expenses and profit. It is not unusual for 90% of the premium amount to be paid out for claims.

In the title insurance business, on the other hand, we may pay out only 8% to 15% of the fee for claims, and people often assume that the rest is profit. But only a small part of the one-time fee paid at settlement is for insurance; the remainder is the cost of conducting the many different searches required to show a clear title to the property.

What's the all - inclusive rate?

In Pennsylvania we have an all - inclusive rate for title insurance. It bundles together the insurance premium, the cost of executing the title search, and the settlement fee.

While the convenience of paying a one- time fee at settlement and incorporating the charges for the search with the insurance premium is obvious, some people look at the amount (approximately 1% of the sales price) and think the charge is steep from an industry which only experiences modest rates of losses compared to casualty insurers.
When you consider, however that the one-time fee covers:

  • the property for as long as the owner and his heirs own it,
  • all title searching and examination, even multiple searches, and
  • the costs of settlement

it becomes clear that land title insurance premiums buy you a good deal more than do casualty - type premiums. Although the land title insurance industry certainly offers insurance protection, comparing casualty and land title insurance rates is like comparing apples and oranges. The protection you get from land title insurance is unique.

Am I protected?

Even the most intensive search cannot avoid claims.

Suppose there are back taxes owed on a property. We go into the local courthouse, review the tax files, and find no evidence of these back taxes because a file is missing. We then insure the property and the tax claim pops up. We pay 100% of that claim.

Without title insurance, the owner must pay claims like these. Liens, unpaid taxes, and sewer and water are assessments are attached to the property - not to the person incurring the delinquency. If a previous owner had a judgment against his property, the new owner is responsible for payment. We insure against these circumstances.

Above information provided courtesy of the Pennsylvania Land Title Association (www. plta.org)